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1994

Banking and Finance Law

Journal

Institution
Keyword
Publication

Articles 1 - 28 of 28

Full-Text Articles in Law

Adopting Article Iv: Can Consumers Afford To Rely On The Banks' Good Faith?, Robert A. Fricks Dec 1994

Adopting Article Iv: Can Consumers Afford To Rely On The Banks' Good Faith?, Robert A. Fricks

Mercer Law Review

In 1990 the National Conference of Commissioners on Uniform State Laws and the American Law Institute approved comprehensive changes to Articles 3 and 4 of the Uniform Commercial Code ("U.C.C."). These changes will greatly impact consumer transactions and alter the relationship between banks and their customers. As of December 1994, thirty-six states had adopted the revised Articles. While most states adopted them as written, some have made changes which provide the consumer with greater protection. The Georgia General Assembly will soon address the issue of whether to adopt the new Articles. At issue is whether the revisions warrant added consumer …


Financing Publicly Owned Treatment Works And Instituting Enforcement Measures Against Non-Compliant Works Under The Clean Water Act, Valentina O. Okaru Oct 1994

Financing Publicly Owned Treatment Works And Instituting Enforcement Measures Against Non-Compliant Works Under The Clean Water Act, Valentina O. Okaru

Buffalo Environmental Law Journal

No abstract provided.


State Banking Department, M. Brenot Oct 1994

State Banking Department, M. Brenot

California Regulatory Law Reporter

No abstract provided.


Department Of Savings And Loan, E. Finelli Oct 1994

Department Of Savings And Loan, E. Finelli

California Regulatory Law Reporter

No abstract provided.


United Structures V. G.R.G. Engineering: Set-Off V. Recoupment In Miller Act Payment Bond Disputes, Dennis M. Sponer Sep 1994

United Structures V. G.R.G. Engineering: Set-Off V. Recoupment In Miller Act Payment Bond Disputes, Dennis M. Sponer

BYU Law Review

No abstract provided.


State Banking Department, B. Lebrecht Jul 1994

State Banking Department, B. Lebrecht

California Regulatory Law Reporter

No abstract provided.


Department Of Savings And Loan, M. Friedman Jul 1994

Department Of Savings And Loan, M. Friedman

California Regulatory Law Reporter

No abstract provided.


China's Gatt Bid: Why All The Fuss About Currency Controls, Chris Brown Jun 1994

China's Gatt Bid: Why All The Fuss About Currency Controls, Chris Brown

Washington International Law Journal

China did not succeed in its bid to join the General Agreement on Tariffs and Trade (GATT) during the Uruguay Round. A key stumbling block was China's mechanism of exchange rate controls. From the mid-1980s to the end of 1993, China used a dual-rate currency mechanism, administering these rates through a loose network of about 100 exchange centers ("swap centers"). The swap centers helped to create partial convertibility of the Chinese currency and were instrumental in creating incentives for China's exporters and in attracting foreign investment. However, the swap centers also caused trade conflicts with the U.S. and within GATT. …


The Integration Of Banking And Telecommunications: The Need For Regulatory Reform, Kalpak S. Gude Jun 1994

The Integration Of Banking And Telecommunications: The Need For Regulatory Reform, Kalpak S. Gude

Federal Communications Law Journal

The recent proliferation of computer and telecommunications technologies have dramatically changed the banking industry's business sector. While this modernization has allowed banks to increase their efficiency and service, banking regulations have not kept pace. Telecommunications companies, armed with new FCC regulations encouraging increased competition, have eagerly taken this opportunity to expand their business offerings into the financial services sector. In this Note, the Author examines the telecommunications services presently provided by banks and the present regulatory structure that prevents further bank entry into the telecommunications sector. The Author concludes that banking regulations should be changed to allow banks to enter …


Community Development Banking Strategy For Revitalizing Our Communities, Rochelle E. Lento May 1994

Community Development Banking Strategy For Revitalizing Our Communities, Rochelle E. Lento

University of Michigan Journal of Law Reform

CDCUs and CDLFs may outnumber CDBs, but their scope of lending activity pales in comparison. Despite CDBs' relatively small number, their impact on their respective communities warrants an in-depth discussion of their structures and formulas for success. This Article will provide an overview of the CDBs in the United States. Part I first sets forth the legal structure and purpose of CDBs, and then reviews the history and current status of mature CDBs and emerging CDBs. Part II considers community development credit unions, after which Part III gives community development loan funds similar treatment. Finally, Part IV analyzes the potential …


Inside Campaign Finance: Myths And Realities, Michael R. Phillips May 1994

Inside Campaign Finance: Myths And Realities, Michael R. Phillips

Michigan Law Review

A Review of Inside Campaign Finance: Myths and Realities by Frank J. Sarauf


Subordination Agreements, Bruce Macdougall Apr 1994

Subordination Agreements, Bruce Macdougall

Osgoode Hall Law Journal

Subordination agreements are not novel concepts in Canadian law, but the PPSAs ensure their more widespread use. Subordination agreements usefully provide flexibility to creditors and consequently permit enhanced access to credit for debtors. The adaptability of the subordination agreement presents difficult legal problems, the most important of which relates to characterization of their legal nature. Other problems include the resolution of multiple subordinations and the question of the enforceability of subordination agreements in bankruptcy. This paper explores those issues and cautions against undue restrictions being placed on either the availability or the characterization of subordination agreements.


Nodak Bancorporation V. Clarke And Lewis V. Clark: Squeezing Out "Squeeze-Out" Mergers Under The National Bank Act, Thomas W. Maddi Mar 1994

Nodak Bancorporation V. Clarke And Lewis V. Clark: Squeezing Out "Squeeze-Out" Mergers Under The National Bank Act, Thomas W. Maddi

Washington and Lee Law Review

No abstract provided.


State Banking Department, B. Lebrecht Jan 1994

State Banking Department, B. Lebrecht

California Regulatory Law Reporter

No abstract provided.


Department Of Savings And Loan, M. Friedman Jan 1994

Department Of Savings And Loan, M. Friedman

California Regulatory Law Reporter

No abstract provided.


The United States And The World Bank: Constructive Reformer Or Fly In The Functional Ointment?, David A. Wirth Jan 1994

The United States And The World Bank: Constructive Reformer Or Fly In The Functional Ointment?, David A. Wirth

Michigan Journal of International Law

Review of The United States and the Politicization of the World Bank: Issues of International Law and Policy by Bartram S. Brown


Privatization In Eastern Germany: A Comprehensive Study, Rainer Frank Jan 1994

Privatization In Eastern Germany: A Comprehensive Study, Rainer Frank

Vanderbilt Journal of Transnational Law

One of the greater problems arising from the reunification of Germany has been the privatization of land in eastern Germany. Initially, the principle that shaped the privatization policies was restitution, the idea that land unlawfully taken by the former East German government should be returned to its rightful owner. A second goal of the privatization program was to stimulate investment in the economy of eastern Germany. These two goals, however, have conflicted. The result has been a policy that has created confusion with regard to the ownership of property and clear title. This Article examines two series of amendments, in …


Incentives For Peace And Profits: Federal Legislation To Encourage U.S. Enterprises To Invest In Arab-Israeli Joint Ventures, Daniel Lubetzky Jan 1994

Incentives For Peace And Profits: Federal Legislation To Encourage U.S. Enterprises To Invest In Arab-Israeli Joint Ventures, Daniel Lubetzky

Michigan Journal of International Law

This article proposes a set of provisions that would encourage U.S. companies and entities to invest in joint ventures with Israeli and Arab partners in the Middle East. The immediate effect of these provisions would be to revive and fortify the economies of that region. The long-term objectives behind the enactment of such incentives would be threefold: (1) to improve the prospects for peace and stability in the Middle East; (2) to enhance the strategic and political standing of the United States in the Middle East; and (3) to increase the long-term international competitiveness of U.S. businesses.


Laws Separating Commercial Banking And Securities Activities As An Impediment To Free Trade In Financial Services: A Comparative Study Of Competitiveness In The International Market For Financial Services, Sarah A. Wagman Jan 1994

Laws Separating Commercial Banking And Securities Activities As An Impediment To Free Trade In Financial Services: A Comparative Study Of Competitiveness In The International Market For Financial Services, Sarah A. Wagman

Michigan Journal of International Law

By comparing U.S., Japanese, and European institutions' competitiveness in the international market for financial services, this Note focuses on the possible implications of the Glass-Steagall Act in the international trade context as a means of exploring some of the additional arguments which have emerged in favor of reforming U.S. bank regulation.


The Feasibility Of Debt-Equity Swaps In Russia, Thomas M. Reiter Jan 1994

The Feasibility Of Debt-Equity Swaps In Russia, Thomas M. Reiter

Michigan Journal of International Law

This Note examines the origins, development, and mechanics of debt-equity swap programs in Latin America before discussing the various goals and policy considerations involved in formulating debt-equity swap programs. Next, the Note describes Russia's debt situation and sketches the outlines of a debt-equity swap program that will reduce Russia's foreign debt while stimulating foreign direct investment.


Competition And Antitrust Law In Central Europe: Poland, The Czech Republic, Slovakia, And Hungary, Carolyn Brezezinski Jan 1994

Competition And Antitrust Law In Central Europe: Poland, The Czech Republic, Slovakia, And Hungary, Carolyn Brezezinski

Michigan Journal of International Law

First, this article briefly introduces the antimonopoly laws and competition authorities created in the four post-communist Central European countries of Poland, the Czech Republic, Slovakia, and Hungary. Second, this article outlines the obligations and harmonization programs of the competition authorities under the Europe Agreements recently signed by each country. Third, this article assesses the role and importance of the antimonopoly laws and competition authorities in the post-socialist economic reforms currently underway. Fourth, this article describes proposals to amend the antimonopoly laws based on the initial period of their implementation. Finally, this article attempts to assess the post-reform role of both …


Regulatory Theory And Deposit Insurance Reform, R. Mark Williamson Jan 1994

Regulatory Theory And Deposit Insurance Reform, R. Mark Williamson

Cleveland State Law Review

The purpose of this article, however, is not to summarize the maze of federal and state banking regulation. Instead, recognizing that deposit insurance is a centerpiece of the overall regulatory scheme to which any financial institution in the United States is subject, this article is primarily concerned with subjecting this form of bank regulation to analysis based upon general principles of regulatory theory. This article is less concerned with the details of banking law than it is with using regulatory to shape policy guidelines for the coming process of deposit insurance reform.


The Engines Of Privatization: Investment Funds And Fund Legislation In Privatizing Economies, Matthew J. Hagopian Jan 1994

The Engines Of Privatization: Investment Funds And Fund Legislation In Privatizing Economies, Matthew J. Hagopian

Northwestern Journal of International Law & Business

The mass privatization programs of Eastern Europe and the former Soviet Union have been designed as the centerpieces of the momentous transformation of the region's command economies to principles of market forces. The programs are designed to distribute shares in thousands of state-owned enterprises amongst hundreds of millions of citizens for free or for nominal payment, thereby creating a revolutionary class of citizen-shareholders with a strong stake in the privatization process. From the inception of the first wave of large-scale privatization in Czechoslovakia, investment funds' have played a central role in the successes and failures of the varying mass privatization …


The Globalization Of Stock Index Futures: A Summary Of The Market And Regulatory Developments In Stock Index Futures And The Regulatory Hurdles Which Exist For Foreign Stock Index Futures In The United States, William J. Brodsky Jan 1994

The Globalization Of Stock Index Futures: A Summary Of The Market And Regulatory Developments In Stock Index Futures And The Regulatory Hurdles Which Exist For Foreign Stock Index Futures In The United States, William J. Brodsky

Northwestern Journal of International Law & Business

The twelve-year history of stock index futures contracts has been marked by great success both in the United States and in many other countries. Two years after the product was introduced in 1982, the "notional," i.e., underlying, or dollar value of trading on the Chicago Mercantile Exchange (CME) S&P 500 Stock Price Index futures contract surpassed the dollar volume of trading at the New York Stock Exchange (NYSE).' Moreover, "as investors go increasingly global and market turbulence grows, stock index futures are emerging as the favorite way for nimble money managers to deploy their funds. Indeed, in most major markets, …


World Bank Inspection Panel Update, Samir Desai Jan 1994

World Bank Inspection Panel Update, Samir Desai

Human Rights Brief

No abstract provided.


Regulatory Theory And Deposit Insurance Reform, R. Mark Williamson Jan 1994

Regulatory Theory And Deposit Insurance Reform, R. Mark Williamson

Cleveland State Law Review

The purpose of this article, however, is not to summarize the maze of federal and state banking regulation. Instead, recognizing that deposit insurance is a centerpiece of the overall regulatory scheme to which any financial institution in the United States is subject, this article is primarily concerned with subjecting this form of bank regulation to analysis based upon general principles of regulatory theory. This article is less concerned with the details of banking law than it is with using regulatory to shape policy guidelines for the coming process of deposit insurance reform.


Judicial Construction In The Wake Of The Nation's S & (And) L Crisis: Build A Better Status And The Fdic Will Beat A Path To Your Courtroom, Alison L. Drake Jan 1994

Judicial Construction In The Wake Of The Nation's S & (And) L Crisis: Build A Better Status And The Fdic Will Beat A Path To Your Courtroom, Alison L. Drake

Cleveland State Law Review

This note proposes that the Fifth Circuit's opinion in handling these claims provides a better rationale than the Ninth Circuit's opinion. The first factor examined is the degree of control exercised by the corporate officer(s) who had been aware of the financial woes that the outside professionals allegedly overlooked. The second factor discussed is whether the insiders' misconduct was for or against the institution. Finally, policy considerations will be evaluated to determine whether the FDIC should be accorded the special status that immunizes it from defenses which could have been asserted against the failed thrift through imputation from the thrift's …


Judicial Construction In The Wake Of The Nation's S & (And) L Crisis: Build A Better Status And The Fdic Will Beat A Path To Your Courtroom, Alison L. Drake Jan 1994

Judicial Construction In The Wake Of The Nation's S & (And) L Crisis: Build A Better Status And The Fdic Will Beat A Path To Your Courtroom, Alison L. Drake

Cleveland State Law Review

This note proposes that the Fifth Circuit's opinion in handling these claims provides a better rationale than the Ninth Circuit's opinion. The first factor examined is the degree of control exercised by the corporate officer(s) who had been aware of the financial woes that the outside professionals allegedly overlooked. The second factor discussed is whether the insiders' misconduct was for or against the institution. Finally, policy considerations will be evaluated to determine whether the FDIC should be accorded the special status that immunizes it from defenses which could have been asserted against the failed thrift through imputation from the thrift's …